By Attorney Lindsey Rowland at Meuser, Yackley & Rowland, P.A.
As attorneys representing firefighters throughout Minnesota, we’ve been receiving many questions about multi-district litigation related to Aqueous Film-Forming Foam (AFFF) and per- and polyfluoroalkyl substances (PFAS).
These lawsuits have gained national attention, and rightly so—PFAS exposure is an occupational safety hazard that has been linked to serious health conditions, including increased risk of cancer and heart disease, and firefighters are among the most heavily exposed populations.
In this article, we hope to answer the most common questions we’re hearing about AFFF, PFAS, the health effects, and how you can protect your legal rights.
Q: What are AFFF and PFAS?
Aqueous Film-Forming Foam (AFFF) is a type of firefighting foam used to put out chemical fires a. nd fuel fires– Those caused by gasoline, oil, and other flammable liquids. It’s been used for decades, especially in training and emergency response situations.
AFFF fire suppression systems contain toxic chemicals called PFAS—short for per- and polyfluoroalkyl substances—which are sometimes called “forever chemicals” because they don’t break down in the environment or the human body.
PFAS contamination can build up over time and have been linked to serious health concerns, including cancer development and heart disease.
Q: How are firefighters exposed to AFFF and PFAS?
Firefighters may be exposed to AFFF and PFAS in several ways. The most direct exposure occurs when using AFFF firefighting foam to suppress flammable liquid fires or during exercises at fire training facilities. However, exposure can also occur through contact with contaminated turnout gear, which is often treated with PFAS for water and heat resistance.
Another potential source is while handling or cleaning gear, vehicles, or equipment that has come into direct contact with AFFF. When working with these materials, it can lead to absorption through the skin or inhalation of airborne particles.
Even routine training and indirect exposure over time can result in increased risk of significant PFAS accumulation in the body.
Q: What are the potential health risks of AFFF and PFAS exposure for firefighters?
Exposure to AFFF and the PFAS chemicals it contains has been linked to a variety of serious health problems for firefighters.
Because PFAS accumulate in the body over time, repeated exposure to these toxic substances—whether through foam, contaminated gear, or inhalation—can increase the risk of developing certain cancers, including:
- Prostate cancer
- Testicular cancer
- Kidney cancer
PFAS exposure has also been associated with a higher likelihood of developing heart disease, thyroid disease, immune system dysfunction, reproductive issues, and high cholesterol. These health risks are especially concerning for firefighters, who may face long-term, repeated exposure throughout their careers.
Q: Are there alternatives to AFFF firefighting foam?
Yes. In recent years, many departments have begun transitioning away from PFAS-containing foams to safer, fluorine-free foam. These newer fluorine-free foam and gear are designed to meet performance standards while reducing environmental and health risks. Additionally, some fire departments are revising their training protocols to minimize unnecessary exposure and potential risks by replacing older turnout gear with PFAS-free options.
As of July 1, 2020, Minnesota law prohibits the use of PFAS-containing AFFF for training, and bans sales of these foams for training purposes, with limited exceptions for federal and military use.
Q: What is the AFFF / PFAS multi-district litigation about?
A: The AFFF / PFAS multi-district litigation involves claims that manufacturers of firefighting foam and personal protective equipment (PPE) that contain PFAS knew—or should have known—that their products contained harmful chemicals that could cause serious health conditions, including cancer. These lawsuits seek compensation for individuals who were exposed to AFFF and/or PFAS and subsequently developed related illnesses.
Q: Can I participate in multi-district ligation and bring a workers’ compensation claim?
A: Yes. Firefighters who suffer from health conditions linked to AFFF / PFAS exposure may participate in multi-district litigation and file a separate workers’ compensation claim in Minnesota. These are separate legal actions that serve different purposes and require different types of attorneys. Multi-district litigation consolidates pretrial proceedings for multiple individual cases pending in different federal districts. In contrast, Minnesota workers’ compensation claims are individualized claims for state-specific benefits.
Q: What is “subrogation” and how might it impact my benefits?
A: Subrogation is a legal principle that allows a workers’ compensation insurance company to seek reimbursement for benefits they paid if you later receive money from a third-party lawsuit—like multi-district litigation related to AFFF / PFAS exposure. For example, if your workers’ compensation insurer paid for your cancer treatment, and you later receive a settlement in the AFFF multi-district litigation, they may have a subrogation interest in part of your settlement. In other words, they may be entitled to recover some of the money they paid on your behalf. An experienced attorney can help you understand your rights and protect your settlement from excessive reimbursement demands.
Q: Do I have to be a full-time, active firefighter to make a claim?
A: No. Whether you are a full-time or part-time firefighter, active or retired, you may be able to participate in multi-district litigation and bring workers’ compensation claims for on-duty AFFF and PFAS exposures. The key is documenting the AFFF and PFAS exposures and proving that the exposures adversely affected your health.
To participate in multi-district litigation related to your on-duty exposure to AFFF /PFAS, generally, you must show: (1) Occupational exposure to AFFF / PFAS during your employment as a firefighter; and (2) A diagnosis of a qualifying illness linked to work-related AFFF / PFAS exposure. To bring a related workers’ compensation claim, you generally must show that you have developed an injury or occupational disease due to your work activities. Significantly, Minnesota firefighters who develop certain types of cancer or other conditions may be entitled to a legal presumption that their condition is work-related and compensable.
If you think you meet these requirements, then you should contact a lawyer who may send you an “intake form” for you to determine if you qualify to participate in multi-district litigation or meet with you to discuss your potential workers’ compensation claims.
Q: What should I do if I think I may have a claim?
A: Don’t wait. Whether you are considering participating in a AFFF / PFAS multi-district litigation, pursuing a workers’ compensation claim, or both, the most important step is to speak with an attorney who understands how to navigate both types of claims and how they interact.
Final Thoughts
Aqueous Film-Forming Foam (AFFF) and PFAS contamination is a serious and growing concern for Minnesota’s firefighting community. If you’ve developed a serious illness after exposure to fire fighting foams or PFAS, you may be eligible for benefits from both multi-district ligation and a Minnesota workers’ compensation. But each process is different—and working with the right attorney makes all the difference.